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Commission sends Netherlands formal request

Wednesday November 11th, 2009

The European Commission has sent the Netherlands a formal request concerning the award of a public works concession by the Municipality of Eindhoven. The request relates to the development of a community centre.

The Commission considers that the contract in question constitutes a public works concession and as such should have been awarded on the basis of Public Procurement Directive 2004/18/EC. The contract was, however, awarded without a competitive tendering process, as required under EU public procurement rules. Therefore, in the absence of this process, the Netherlands has failed to fulfil its obligations under the EU public procurement rules.

This formal request takes the form of a Reasoned Opinion, the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.

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